Stun Guns: The Legal Standing in Nevada
Yes, both stun guns and tasers are legal in Nevada (as long as they operate on less than 20,000 volts). Anything over this threshold is considered a deadly weapon because it can induce ventricular fibrillation, a fatal heart condition. NRS 202.350 prohibits anyone in Nevada from carrying a concealed deadly weapon-including stun guns and tasers-without a permit. Open carry with no permit is legal, but the concealed-carry permit requirement applies in Clark County . Additionally, anyone with a felony conviction (or with a state or federally classified mental illness under NRS 433A) must get a specific permit for stun gun ownership, and people with sex offense convictions cannot possess any electronic weapons. Also, faking a stun gun (by carrying around a banana, shoelace, or anything else) can also result in criminal charges. Carrying a stun gun in schools, day care centers, public transportation, and airports is illegal.
Possession and Use Guidelines
Possessing a stun gun in Nevada is legal; however, there are some limits on where and how these weapons can be used and carried. Nevada law authorizes stun gun use for self-defense, though the criteria for justifiable self-defense is narrow. Nevada Revised Statutes (NRS) 200.120 outlaws "unprovoked" attacks by a person determined to be the initial aggressor. The use of force is justified by the NRS 200.120 only when the person being attacked is free from fault in creating the situation that provoked the attack. In cases where both parties share responsibility, the person who responded with force will most likely be found partially to blame. There are numerous restrictions on the carrying of a stun gun that differs from locality to locality. For example, in the Las Vegas Valley every jurisdiction has similar laws; however, Clark County bans stun guns at public facilities owned or controlled by the county or the Regional Flood Control District, including drainages and flood control districts. The city of Las Vegas prohibits the possession of stun guns within all parks and facilities owned or operated by the parks and recreation department. A county district court case ruled last year that NRS 244.357, which allows counties to restrict weapons in public parks and buildings, should apply to gymnasiums located in Las Vegas City, thereby prohibiting the possession of stun guns in those facilities. The court, however, overturned this decision. The City of Reno prohibits the use of stun guns and other electric weapons in any public park or recreation facility or on property managed by the parks and recreation department. School zones also have regular restrictions on the carrying of stun guns, but locals should inquire with the relevant school or school district for specifics since these laws are periodically tweaked. Some cities like Henderson and Elko make exceptions to exclude users with concealed carry permits from some restrictions. Cities and counties that make no restriction whatsoever on stun gun possession may rely on state law, which prohibits carrying a concealed stun gun without a permit issued by an authorized agency (e.g. the sheriff): Clark County has a separate concealed carry permit, which restricts stun guns from being transported in an unlocked position in a vehicle.
Consequences of unlawful possession
Consumers found with non-approved stun guns face fines and possibly criminal charges for illegal possession of them. If law enforcement issues a citation, then the penalty is $250. It will usually be an infraction, but it could be a gross misdemeanor charge depending on the circumstances.
A gross misdemeanor in Nevada can carry between 1 and 364 days in jail, and costs and fees, including victim restitution, court costs and assessments, community service, and supervised probation. If a gross misdemeanor is charged, it is indicated in its own category as an ‘E’ felony: NRS 193.140 states the penalities for misdemeanors: 1. A misdemeanor is a criminal offense for which a person may be punished: (a) By imprisonment in the county jail for a period not exceeding 6 months and by a fine not exceeding $1,000; or (b) By both fine and imprisonment, as provided in paragraph (a). 2. A misdemeanor is further classified as: (a) A "crime against the peace"; or (b) A "traffic offense," as defined in NRS 484.011. A person convicted of the illegal possession or use of these devices must pay restitution and fines to the victim. If the police arrest someone for illegal possession of a stun gun, the suspect gets released from jail on bail while awaiting trial. The vast majority of infractions and gross misdemeanors are charged in Nevada courts. But some illegal possession cases may be charged before a justice court judge.
Comparison to Other Self-Defense Options
In comparing the legal use of stun guns with other common self-defense weapons, we find that these devices are subject to surprisingly fewer legal restrictions in Nevada. Where significant differences exist relative to the regulation of other weapons, you will find them discussed here.
For instance, while most people must be 18 years or older in order to buy or carry stun guns (and there is nothing in Nevada law prohibiting people over the age of 16 from possessing these devices), people of any age may legally possess or carry pepper spray, knives and most bladed weapons. The exception would be knives or swords, some other bladed weapons involving longer handles , or levers designed for spinning (if they have a leatherman-type handle), or a hilt with both edges of the blade exposed, all of which would be considered illegal knives under NRS 202.350(3).
While stun guns and pepper spray can both be great for self-defense, there are some clear advantages to stun guns over pepper spray as pepper spray may be counter-productive if deployed in windy conditions and can also cause adverse effects to innocent bystanders. Firearms, on the other hand, can be legally carried concealed without a permit, but the repercussions of using a firearm on another person are far more severe than those associated with using a stun gun.
Effects on tourists and citizens
The laws governing the possession or carrying of a stun gun in Nevada impact everyone the same – regardless of where you are from and even if you are just visiting. For those who live here, this means knowing how the law works should they ever be tempted to use a stun gun (also known as a taser) in self-defense, as well as how to legally use a stun gun should they ever decide to purchase one.
As to visitations and tourists , you do not need to be concerned as to carrying a stun gun in Nevada, as long as you are still inside its specific limits. Again, this is the 100 miles north of Las Vegas and along the western border. However, as with residents, you must still be aware of when and how to legally use a stun gun, should you find yourself in that situation.